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2023 Supreme(Cal) 1138

BIBHAS RANJAN DE
Pramod Kumar Gupta – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Pawan Kumr Gupta, Awadesh Kr. Rai, Sofia Nesar, Santanu Seth.
For the Respondents: Amit Sharma, Bhupendra Gupta, S. Mitra, H. Haque.

JUDGMENT :

BIBHAS RANJAN DE, J.

1. The judgment and order dated 18.09.2018 passed by Ld. Additional Sessions Judge, Bench II, City Sessions Court, Calcutta in Criminal Revision no. 306 of 2017 arose out of judgment and order dated 01.09.2017 passed by Ld. Metropolitan Magistrate 17th Court, Calcutta in complaint case no. C-439 of 2013, is challenged by this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as CrPC).

2. Complaint case no. C-439 of 2013 was initiated on a complaint under Section 138 of the Negotiable Instrument Act,1881 (hereinafter referred to as N.I Act) alleging inter alia that the complainant company and the accused, namely Pramod Kumar Gupta, had business relation for a long time and in discharge of existing liability accused issued two account payee cheques bearing no 902036 & 902037 dated 17.04.2013 to the tune of Rs. 1,50,000/- and 1,29,972/- respectively in favour of the complainant company, drawn on I.C.I.C.I Bank, Burrabazar Branch. Both the cheques were presented within the valid period to its drawee bank, but those cheques were dishonored on 19.04.2013 on account of insufficient funds. The complainant company sen

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